STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

March 27, 1974

Dr. Thomas Kilian, Secretary
Department of Education and Cultural Affairs
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 74-12

Money appropriated in Chapter 141, Session Laws of 1974, was for student incentive grants only.

Dear Dr. Kilian:

You have submitted the following factual situation:

Sections 12 of Chapter 141, Session Laws of 1974 (SB 111) reads as follows:

To carry out the purpose of this Act, there is hereby appropriated to the secretary out of any money in the state treasury, not otherwise appropriated, the sum of one hundred fifty thousand dollars for the fiscal year ending June 30, 1975.

You have requested an opinion on the following specific question:

Can a part of the funds included in this appropriation be used to administer the program created by the Act, or must all funds appropriated be used only to provide grants to students?

The title to Chapter 141, Session Laws of 1974, reads aas follows:

An Act relating to student incentive grants to resident students attending eligible educational institutions beyond high school in South Dakota and making an appropriation therefor.

The General Appropriation Act (Chapter 335, Session Laws of 1974, SB 263) provides in Section 15 a line item for the office of the secretary of the Department of Education and Cultural Affairs as follows:

                                                  General            Federal            Total    
                                                  Fund                Fund                Fund
Management and Finance            $118,000         $5,000            $123,000

It is my opinion that the money appropriated in Chapter 335, Session Laws of 1974, is the money to be used for the administration and management of the office of the secretary, and that none of the moneys appropriated in Chapter 141, Session Laws of 1974, may be used for administration and management of the Act.

In answer to your specific question, it is my opinion that the money appropriated in Section 12 of Chapter 141, Session Laws of 1974, can only be used for incentive grants for resident students attending eligible institutions beyond high school in South Dakota.

Respectfully submitted,

Kermit A. Sande
Attorney General